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HomeMy WebLinkAboutBack-up Documents5 ta,00 3 J-00-404 .12/13/00 ORDINANCE NO. 1.7003 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S) , AMENDING, THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE AND ESTABLISH THE VIRGINIA•KEY BEACH PARK TRUST (THE. "TRUST"), SET :FORTH THE LEGAL DESCRIPTION OF VIRGINIA KEY BEACH PARK; DESIGNATE THE TRUST'S JURISDICTIONAL AUTHORITY, SET FORTH THE TRUST'S PURPOSE, POWERS, AND DUTIES,. AND . PROVIDE FOR COMPOSITION AND APPOINTMENTS, TERMS' OF OFFICE, VACANCIES, MEMBERSHIP ELIGIBILITY AND ATTENDANCE REQUIREMENTS, OATH, QUORUM AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISHMENT, AND "SUNSET" REVIEW OF THE TRUST EVERY FOUR YEARS; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND BY ADDING A NEW ARTICLE, CONSISTING OF SECTIONS 38-230 THROUGH 38-242 TO CHAPTER 38 OF THE CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Virginia Key Beach Park ("the Park")', a 77-acre historical landmark called "Old County Park", was, during the era of segregation, the location of a `Colored Only' beach from 1945 to the early 1960s, and has remained closed since 1982, except by special permit; and WHEREAS, the citizens of Miami have expressed a desire to have the landmark preserved, restored, maintained, and accessible to the general public; and CTi 12003 WHEREAS, the City Commission established a Virginia Key Park Civil Rights Task Force and a Virginia Key Beach Advisory Board, both of which were charged with the responsibility to seek out and establish the manner in which the desires of the public could best be addressed; and WHEREAS, during 1999 and 2000, the Task Force/Advisory Board held more than twenty-five (25) public meetings, history tours, community educational and outreach events that culminated in a public planning charrette on January 14-16, 2000, to devise a plan for the Virginia Key Beach Park; and WHEREAS, said charrette served to crystallize a vision for preservation of Virginia Key Beach Park consistent with its environmental, historical and recreational characteristics; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article XI entitled "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," is hereby amended in the following particulars:l� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 2 of 13 12003 • • "Chapter 2 ADMINISTRATION * ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS * * * * DIVISION 1. GENERALLY * * Sec. 2-892. "Sunset" review of boards. * Commencing with the year 1995, each City board shall be reviewed in the following manner: (4) The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: * f. 2000: * * * * (To be determined) Virginia Key Beach Park Trust. Section 3. Chapter 38 of the Code of the City of Miami, Florida, as amended, entitled "Parks and Recreation", is hereby amended by adding new Article VI., entitled "Virginia Key Beach Park Trust", in the following particulars:" "Chapter 38 PARKS AND RECREATION * * * * * 2/ Ibid. Page 3 of 13 12003 ARTICLE VI. VIRGINIA KEY BEACH PARK TRUST Sec. 38-230. Virginia Key Beach Park Trust created. A limited agency and instrumentality of the City to be known as the "Virginia Key Beach Park Trust" is hereby created and established. Use of the term "Trust" in this article shall mean the 'Virginia Key Beach Park Trust. Sec. 38-231. Jurisdictional authority. The Trust shall exercise the powers and duties set forth in this Chapter over the land area described in "Attachment A," attached hereto and incorporated herein. Sec. 38-232. 'Purpose; powers and duties. (a) Purpose. The Trust, in cooperation with the Department of Parks and Recreation and other City departments, shall be guided by its vision to preserve .the Virginia'Key Beach Park (the "Park") property in a manner consistent with the environmental health, public use, historical -importance of the Park and the aspirations of the African American community and shall propose policy, planning, and design to ensure maximum community utilization, enjoyment, and maintenance of the Park as ari open greenspace compatible with its historical and recreational characteristics and accessible to the public. The Trust shall endeavor to promote activities and functions at the Park consistent with this purpose and with the nature of the Park. (b) Powers and duties. Subject to City Commission approval and compliance with the terms and conditions of any existing contractual obligations, the Trust shall be empowered to take all actions necessary including, but not limited to, activities which: 1. protect, preserve, advocate for and ensure the retention of the deed restriction imposed upon the property known as Old County Park when deeded to the City of Miami by Miami - Dade County, which ensures public access and restricts the "land" to public park uses; Page 4 of 13 12003 • 2. assist and advise the City Commission, the Department of Parks and Recreation, other departments and other public officials and entities concerning the Park; 3. promote, oversee and assist in the activities of private persons and other organizations concerned for the Park, and develop increased public awareness, use, and interest in Virginia Key; 4. assist in providing services, group tours, and information to visitors of the Park, environmental and historical education, food, cultural and recreational activities and other special events; 5. increase public consciousness about the historic and environmental significance of the Park and assist in the Park's application for historic designation locally, within the state and nationally; 6. solicit and accept grants, contributions and financial and . non -financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities; 7. establish partnerships and associations with other entities for the purpose of collecting and preserving historical data, memorabilia, artifacts and other material in furtherance of the Trust's purpose; 8. implement full and active participation and cooperation with public and private entities in furtherance of the Trust's purpose and the desires of the community; promote the stabilization, preservation, and restoration of existing structures; conduct land and archeological surveys; and establish historic marker designations of lost or removed structures and equipment located at the Park; 9. participate in any other fundraising activity, whether solely involving the Trust or involving partnerships with other persons Page 5 of 13 12003 or public or private organizations, which furthers the Trust's purpose. (c) Notwithstanding any provisions to the contrary, the Trust shall exercise only such powers as are granted pursuant to this Article. Sec. 38-233. Governing body: composition and appointments; terms of office and vacancies; membership eligibility requirements; oath; quorum and voting; meetings; attendance requirements; indemnification. (a) Composition and appointments. The Trust shall consist of nine (9) members comprised as follows: (1) One (1) member appointed by the Mayor; (2) Five (5) members appointed by the City Commission, with each Commissioner nominating one individual; (3) Three (3) at -large members initially nominated by the existing or former members of the Virginia Key Beach Advisory Board and subsequently nominated by a majority of the existing members of the Trust and confirmed and appointed by the City Commission; (4) The Trust members shall broadly reflect the diversity of the community and share technical, professional expertise or experiential knowledge and interest in the following areas: natural and environmental sciences, historic preservation and restoration, history of the Old County Park on Virginia Key, architecture and engineering, planning and land use law, administration and fiscal management, recreation and cultural endeavors, public relations and marketing, and Park management and programs. (b) Terms of office and vacancies. Each member shall be appointed by the Mayor or City Commission for a term of two years or until the. Mayor or nominating Commissioner leaves office, whichever occurs first, except that any person appointed to fill a vacancy due ,to the death, resignation or removal of any member of Page 6 of 13 12003 • • the Trust shall serve only for the remainder of the unexpired term. No member shall serve more than eight consecutive years on the Trust. Nothing set forth herein shall prohibit any individual from being reappointed after a hiatus of two years. (c) Membership eligibility requirements. (1) Each member of the Trust shall reside, work, own real property or maintain a business in the City and shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community and have a demonstrated interest in the future of the Park and in implementing the vision of the Trust and of the Public Planning Charrette. Appointed members are expected to participate actively in the functioning of the Trust. The chairperson of the Trust shall have the power' to appoint all members serving on the various committees which the Trust shall establish from time to time. (2) Unless the City Commission by four -fifths vote of its membership waives the requirement that Trust members either reside in the City, own real property in the City or maintain a business in the City, any member of the Trust who ceases to be a resident of the City and/or ceases to work, own real property or maintain a business in the City during the term of his or her office shall immediately advise the City Clerk. The City Clerk shall inform the City Commission and the Trust whenever a Trust member has ceased to be in compliance with said membership eligibility 'requirements and the Trust member shall be automatically removed from the Trust. The City Clerk shall then inform the City Commission in writing that the position has been declared vacant. Upon being advised by the City Clerk of such circumstances, an appointment to fill the vacancy shall be made in accordance with Subparagraph (b) hereinabove. '(3) No member of the Trust shall become a .candidate for elective political office during his or her term. Should any member of Page 7 of 13 12003 • • the Trust qualify as a candidate for elective political office, such qualification shall be. deemed a tender of resignation from the Trust. (4) No employee of Miami -Dade County, Florida, or any municipality therein other than City employees, shall serve on or be appointed to the Trust. (d) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the Trust shall assume the duties of a member of the Trust, but before doing so, shall take the oath prescribed by section 41(e) and (f) of the City Charter. (e) Quorum and voting.. At all meetings of the Trust, a majority of the then appointed members shall constitute a quorum for the transaction of business, and each member shall have one vote on every issue submitted to a vote of the Trust. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the Trust. The members of the Trust shall make and adopt bylaws and rules and regulations for the Trust's governance and for the operation, management and maintenance of the Park. (f) Meetings. The Trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. All meetings of the Trust shall be public. Written minutes of the proceedings of all actions taken at the meeting of the Trust shall be maintained by the Trust and shall be promptly and properly recorded and submitted to the City Clerk. (g) Attendance requirements. A member shall be automatically removed if, (a) in a given calendar year he or she is absent from three (3) consecutive meetings; or (b) he or she is absent from four (4) properly noticed meetings within an eight -month period without an excused absence. (h) Indemnification. The Trust shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the City's insurance manager. To the extent such coverage does not apply, the City shall indemnify the members in the same manner and to the same extent that Page 8 of 13 12003 • • it indemnifies all other City advisory boards. Nothing in this section shall be construed in any way to affect the laws relating to sovereign immunity. Sec. 38-234. Executive director; appointment, term, qualifications, compensation, general powers and responsibilities. There shall be an executive director who shall be appointed by the Trust subject to City Commission approval. Additionally, each successor executive director shall be similarly appointed and approved. After hiring an executive director, the Trust shall submit monthly written status reports on the Trust's operations and expenses to the City Commission. The executive director shall be a person of, good moral character and have an excellent reputation for integrity, responsibility, and business ability, but no Trust member shall be eligible for appointment as executive director. The executive director shall receive such salary as shall be fixed by the Trust, and approved by the City Commission. The executive director shall take an oath before assuming any duties. The executive director shall act as the chief executive officer of the Trust. Subject to the policy directives of the Trust, the executive director shall have general supervision over and be responsible for the management and operation of all Trust activities, and facilities. The executive director shall execute all contracts on behalf of the Trust after approval by the Trust. The executive director shall attend all meetings of the Trust, shall furnish the Trust a quarterly report with respect to the management, operation, and maintenance of the Park, and the financial condition of the Trust, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the Park and to the Trust as may be required by the Trust or the City. In the event that the executive director is for any reason temporarily incapable of exercising the powers and performing the duties and functions of the office, the City Commission may appoint an acting executive director to exercise such powers and to perform such functions and duties until such incapacity of the executive director ceases. Sec. 38-235. Employment of assistants. Subject to the policy directives of the Trust and budget limitations, the executive director may employ Page 9 of 13 1 003 such assistants as are necessary to provide for the efficient operation of the Trust. Sec..38-236. Counsel. The City Attorney's office shall provide legal services to the Trust as may be necessary and requested by the Trust. Sec. 38-237. Approval of budget. (a) Effective immediately, the Trust shall establish a fiscal year which coincides with that of the City of Miami. The Trust shall submit to the City Commission, in a form acceptable to the City Manager, and no later than April 1 preceding the commencement of each fiscal year, a Trust budget request pertaining to management, operation, maintenance and capital expenditures and delineating the financial responsibility of the City for certain categories including but not limited to: insurance, security, utilities, capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the Trust from submitting a supplemental budget to the Commission for approval. (b) No expenditure shall be made in any given year without approval by the City Commission of the Trust budgetfor that year and all expenditure shall comply with City procedures for acquisition of goods and services. (c) In conjunction with the submission of the budget, the Trust shall submit a master plan reflecting the proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal year. The City Commission may review and deny any item contained in the master plan within thirty (30) days from the date of its submission by the Trust. (d) No provision contained in this Article shall be construed to violate the Anti -Deficiency Act, as set forth in Sections 18-500 through 18-503 of this Code. Sec. 38-238. Annual report and audit. (a) The Trust shall submit to the Mayor and City Commission an annual report and an annual audit. The Page 10 of 13 12003 audit shall be performed by an external auditor who is a certified public accountant. (b) Additionally, the City shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the Trust at any time. Sec. 38-239. Charge for rental of Park or use of Park equipment. A charge for rental of the Park or equipment use is hereby assessed on all private promoters of events or activities held at the Park. Revenues from such charge shall be used to partially defray operational costs of the Park. Notwithstanding any Charter or Code provision to the contrary, the Trust, after consultation with the City Manager, shall establish apportioned or unapportioned user fees for use of the Park or Park equipment. These charges shall not be applicable for those events for which contractual relationships preexist this Ordinance which have been approved by the City Manager or designee. Sec. 38-240. Reservation of Park use. The Park shall be reserved for community use fifty percent (500) of the days of each fiscal year. An additional thirty (30) days each year are reserved for use by the Trust, unless the Trust has existing commitments for scheduled events on .the requested day(s). The Trust shall be empowered to waive the Park rental fee during portion(s) of such 30-day period when the Park user is a bona fide nonprofit group, pursuant to Florida's General Nonprofit Corporation Act, which is exempt from federal taxation by virtue of section 501(c) (3) of the Internal Revenue Code, as amended, as being organized and operated exclusively for cultural charitable, scientific, environmental historical, testing for public safety, literary or educational purposes, or to foster national or international amateur sports competition, or for the prevention of cruelty to children or animals. Sec. 38-241. Authorization of the Trust to allow the sale and/or dispensation of alcoholic beverages, including beer and wine, for special events, performances or programs; issuance of permits for special events which require Page 11 of 13 12003 extraordinary security measures or extraordinary amplification, prohibited. (a) Notwithstanding any provision in the City Code to. the contrary, the Trust, or its executive director, on such special occasions and for such special events, performances or programs as deemed appropriate by the Trust, or its executive director, may permit, upon execution of an application/permit form and upon payment in full of the permit fee specified in City Code Section 38-70(g), the sale or dispensing of alcoholic beverages, including beer and wine, in soft containers at the Park. (b) Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to compliance with all applicable state and local laws, rules, regulation's and with any special conditions set forth on the application/permit form. (c) No such permits shall be issued in connection with events of the type which requires extraordinary security measures or extraordinary amplification. Sec. 38-242. Abolition of Trust. The City Commission, by an affirmative vote. of three Commissioners, may abolish the Trust, at which time the powers and duties of the Trust shall revert to the City and the City shall resume responsibility for the maintenance, operation and management of the Park." Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 12 of 13 12003 Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof..-" PASSED ON FIRST READING BY TITLE ONLY this October , 2000. 26th day of PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of December , 2000. ATTEST: JOE CAROLLO, MAYOR in accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, • : ' gill ti :n now becomes effective with the elapse of ten (10) do 's fro jie date oaf Com �issic�y "' regarding same, without the Mayor rcisi WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ALEJANDROILARELLO CITY ATTORNEY W875:ENW:BSS This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 13 of 13 12003 ATTACHMENT A LEGAL DESCRIPTION OF VIRGINIA KEY BEACH PARK A parcel of land on Virginia Key, in Biscayne Bay, Dade County, Florida, being a portion of Sections 16, 17, 20 and 21 of Township 54 South, Range 42 East, Dade County, Florida and being more particularly described as follows: Commence at the point of intersection of the centerline of Rickenbacker Causeway with the South line of said Section 17, said point intersection being 2649.97 feet N. 89°56'45" W of the Southeast corner of said Section 17, as measured along the. south line of said Section 17; thence run S 45°22'07" E along the centerline of said Rickenbacker Causeway for a distance of 251.67 feet to a point of intersection with the Southwesterly prolongation of the Corporate Boundary of the City of Miami; thence run N 64°34'42" E said City of Miami Corporate Boundary and its Southwesterly prolongation and along the Southeasterly right of way line of the Sewage Treatment Plant Access Road for a distance of 2735.77 feet; to a point on the East line of said Section 17, said point also being a point on the North line of the South 1000.00 feet of said Section 16; thence run S 89°59' 50" E along the North line of the South 1000. 00 feet of said Section 16 for a distance of 67.23 to a point of intersection with the arc of a circular curve concave to the West, the center of which bears S 82°42'15" W from said point of intersection, said point of intersection also being the Point of Beginning of the herein described parcel; thence run Southeasterly to Southeasterly along the arc of said circular curve concave to the West, having a radius of 1650.00 feet, through. a central angle of 46°20'10", for an arc distance of 1334.38 feet to a point of reverse curvature with the .. arc of a circular curve to the left; thence run Southwesterly along the arc of said circular curve to the left, having a radius of 1350.00 feet, through a central angle of 21°56'37", for an arc distance if 517.03 feet to a point of compound curvature with the are of a circular curve to the left, thence run Southwesterly to Southeasterly along the arc of said circular curve to the left, having a radius of 350.00 feet, through a central angle of 62°27'55", for an arc distance of 381.58 feet to a point of tangency with a line 25.00 feet North of and parallel with the property conveyed to the University of Miami; thence run S 45°22'07" E along a line 25.00 feet North of and parallel with the said University of Miami property for a distance of 170 feet more or less to the mean high water line of Virginia Key; thence meander Northeasterly along the mean high water line of Virginia Key for a distance of 4300 feet more or less to a point of intersection with the North line of the South 1000.00 feet of said Section 16; thence run N 89°59'50" W along the North line of the South 1000. 00 feet of said Section 16 for a distance of 3200 feet more or less to the Point of Beginning. 12003 SECOND D READING ORDINANCE CITY OF MIAMI CITY MANAGER'S OFFIC MEMORANDUM 18A TO: FROM: Carlos A. Gimenez, s-xlager Mayor and Members of the City Commission DATE: December 5, 200 RE: City Co m in Meeting-Decei fiber 14, 2000 Proposed ordinances to create the Virginia Key Beach Park Trust (J-00-404/J-00-1055) Included herein are two proposed ordinances for the creation and establishment of the Virginia Key Beach Park Trust. The first proposed ordinance is submitted for second reading and incorporates the vision and recommendations of the Virginia Key Beach Advisory Board ("Advisory Board"). (J-00-404). I have proposed an alternative ordinance, which differs only regarding the jurisdictional authority. (J-00-1055). On October 26, 2000, the City Commission passed on first reading an ordinance establishing the Virginia Key Beach Park Trust, a permanent City entity that will be responsible for the preservation, restoration and accessibility of historic Virginia Key Beach Park ("Park"). At that time, the City Commission directed the Advisory Board to Meet with me in order to discuss the Trust's structure, authority, powers and duties. The City Commission also wanted the boundaries of the Park defined. After several meetings between me, staff and the Advisory Board, nonsignificant modifications have been made to the original Virginia Key Beach Park Trust ordinance. The modifications are highlighted in gray shading. Included in these changes are 1) the inclusion of the jurisdictional authority of the Trust, 2) modifications to the powers and duties of the Trust, 3) reduction of the composition and appointments to the Trust and 4) the increase from one to two year terms for the Trust members. I agree with the changes that have been made. Although there were many changes that the Advisory Board and I agree upon, I recommend that the jurisdictional authority of the Trust be restricted to the open greenspace of the park and that the Trust act in an advisory capacity over the other portions of the Park. The Advisory Board recommends that the Trust have jurisdictional authority over the entire 77-acre historical Park. As a result, I have proposed an alternative for the Commission to review as an emergency ordinance. W494a:BSS 12003 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : ✓ The Honorable Mayor and Members of the City Commission FROM : City Manager DATE: SUBJECT: OCT I7 2000 FILE : Discussion Item - Virginia Key Beach Park Advisory Board REFERENCES: ENCLOSURES: The purpose of this memorandum is to state the Administration's support for the continued existence of the Virginia Key "Group" in a form or structure approved by the M car, City Commission and City Attorney. �° �,/� 4QId((i AD CAG/ KR/AR/TG/ ag c: Frank K. Rollason, Assistant City Manager Alberto Ruder, Parks and Recreation Department Director 12003 09/03/2000 02:15 3057519791 • GENE TINNIE •.. 5 P.O. Box 390011, Miami, FL 33233-0011 M. Athalle Range, Chairperson Telephone: 305-691-4343 FAX: 305-691-6805 September 29, 2000 CIVIL RIGHTS TASK FORCE THE CITY OF MIAMI, FLORIDA ` •.. Gene 11nnie, Vice -Chairperson Telephone/FAX: 305-751-9791 e-mail: walttinnle@aol.com The Virginia Key Park Civil Rights Task Force / Advisory Board requests the placement of an item on the Agenda of the City Commission Meeting of October 26, 2000, namely the First Reading of an Ordinance approving a more permanent City entity that will take the place of the present Advisory Board in in order to pursue the next phase of detailed planning and improvements to historic Virginia Key Beach/Park in cooperation with. City staff, as per the findings and recommendations of the public planning charrete of January, 2000. MEMBERS The Hon. Dr. Barbara Carey-Shuler • Dr. Dorothy Jenkins Fields • Mr. Miguel Germain • Mr. Clyde Judson Mrs. Maude Newbold • Mrs. Enid Pinkney • Mrs. M. Athalle Range • Mr. Garth C. Reeves • The Hon. Beryl Roberts Ms. Bernice Sawyer • Mrs. Eugenia Thomas • Mr. Gene Tinnie • Mr. Richard Townsend • Mr. Mork Waiters 12003 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members . e City Commission FROM: Alejandro Vila City Attorne DATE:. October 0 000 RE: City Co ission Meeting -October 26, 2000, Item #5 Pers• al Appearance -request to create the Virginia Key Beach Park Trust (Draft Ordinance-J-00-404) Numerous meetings and a charrette were held by the members of the Virginia Key Park Civil Rights Task Force/Advisory Board ("Advisory Board") to formulate a vision for Virginia Key Beach Park and to advise and recommend same to the City Commission. Subsequently, members of the Advisory Board have scheduled a Personal Appearance before the City Commission at the October 26, 2000 meeting to discuss their recommendations, specifically as to the creation of a permanent City entity that will be responsible for the preservation, restoration, maintenance and accessibility of historic Virginia Key Beach Park. The attached proposed ordinance drafted by this Office provides for the creation and establishment of the Virginia Key Beach Park Trust and incorporates the input and recommendations of the Advisory Board. Please review this draft Ordinance and attach it as backup information for Item No. 5 of your October 26, 2000 Agenda. W494:BSS c. Carlos A. Gimenez, City Manager Walter J. Foeman, City Clerk R 12003 J-00-404 10/20/00 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE ,CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE AND ESTABLISH THE VIRGINIA KEY BEACH PARK TRUST (THE "TRUST"), SET FORTH THE TRUST'S PURPOSE, POWERS, AND DUTIES, AND PROVIDE FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP ELIGIBILITY AND ATTENDANCE REQUIREMENTS, OATH, QUORUM AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISHMENT, AND "SUNSET" REVIEW OF THE TRUST -EVERY FOUR YEARS; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND BY ADDING A NEW ARTICLE, CONSISTING OF SECTIONS 38-230 THROUGH 38-241 TO CHAPTER 38 OF THE CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN. EFFECTIVE DATE. WHEREAS, Virginia Key Beach Park, a historical landmark formerly called "Old County Park" was, during the era of segregation, the location of a 'Colored Only' beach, which has remained closed since 1982, except by special permit; and WHEREAS, the citizens of Miami have expressed a desire to have the landmark preserved, restored, maintained, and accessible to the general public; and WHEREAS, the City Commission has established a Virginia Key Beach Park Task Force and a Virginia Key Beach Park Advisory Board, both of which were charged with the responsibility to seek out and establish the manner in which the desires of the public could best be addressed; and 12003 Sec. 2-892. "Sunset" review of.boards.. Commencing with the year 1995, each City board shall be reviewed in the following manner: (4) The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: * f. 2000: 1 Virginia Key Beach Park Trust." Section 3. *Chapter 38 of the Code of the City of Miami, Florida, as amended, entitled "Parks and Recreation", is hereby amended by adding new Article VI., entitled "Virginia Key Beach Park Trust, in the following particulars:/ "Chapter 38 PARKS AND RECREATION * ARTICLE VI. VIRGINIA KEY BEACH PARK TRUST Sec. 38-230. Virginia Key Beach Park Trust created. A limited agency and instrumentality of the City to be known as the "Virginia Key Beach Park Trust" is hereby created and established. Use of the term "Trust" in this article shall mean the Virginia Key Beach Park Trust. Sec. 38-231. Purpose; powers and duties. (a) Purpose. The Trust, in cooperation with the Department of Parks and Recreation, shall be guided by its vision to preserve the Virginia Key Beach Park (the "Park") property consistent with the' history and aspirations of the African American community and shall zi Ibid. Page 3 of 12 12003 propose policy, planning, and design to ensure maximum community utilization, enjoyment, and maintenance of the Park as a passive open greenspace accessible to the public. The Trust shall endeavor to promote activities and functions at the Park consistent with this purpose and with the nature of the Park. (b) Powers and duties. Subject to City Commission approval and compliance with the terms and conditions of any existing contractual obligations, the Trust shall be empowered to take all actions necessary including, but not limited to, activities which: 1. promote, direct, manage, monitor, oversee and assist in the historic designation, preservation, restoration, capital improvement, maintenance, management and public programming of the Park and its environs; 2. assist and advise the City Commission, the Department of Parks and Recreation, and other public officials and entities concerning the Park; 3. promote, oversee and assist in the activities of private persons and other organizations concerned for the Park, and develop increased public awareness, use, and interest in Virginia Key; 4. assist in providing services to visitors of the Park, including information, environmental and historical education, food, cultural and recreational activities and special events; • 5. protect, preserve, advocate for and ensure the retention of the deed restriction, imposed upon the property known as Old County Park when deeded to the City of Miami by Miami -Dade County, which deed ensures public access and restricts the "land" to public uses; 6. solicit and accept grants, contributions and financial support from individuals, private business interests, the general public, governmental entities, corporations • and organizations, foundations ! and other philanthropic entities; Page 4 of 12 12003 • • 7. delegate functions, conduct its activities through other persons and organizations, and solicit the support of other entities or bodies to further the purpose of the Trust and of the City of Miami Parks and Recreation as it relates to the Park; 8. establish partnerships and associations with other entities to further its purpose; and 9. implement the exercise of its powers in a manner which utilizes and encourages the fullest and most active participation and cooperation of private enterprise to further its purpose. (c) Notwithstanding any provisions to the contrary, the Trust shall exercise only such powers as are granted pursuant to this Article. Sec. 38-232. Governing body: composition and appointments; terms of office and vacancies; membership eligibility requirements; oath; quorum and voting; meetings; attendance requirements; indemnification. (a) Composition and appointments. The Trust shall consist of thirteen (13) members comprised as follows: (1) One (1) member appointed by the Mayor; (2) Five (5) members appointed by the City Commission, with each Commissioner nominating one individual; (3) Seven (7) members known as members at -large initially nominated by the existing Virginia Key Beach Park Advisory Board and subsequently nominated by a majority of the existing members of the Trust and confirmed by the City Commission. The Trust members shall broadly reflect the diversity of the community and share technical, professional expertise or experiential knowledge and interest in the following areas: natural and environmental sciences, historic preservation and restoration, lsistory of the Old County Park on Virginia Key, architecture and engineering, planning and land use law, administration and fiscal management, recreation and cultural endeavors, public Page 5 of 12 12003 relations and marketing, and Park management and programs. (b) Terms of office and vacancies. Each member shall be appointed by the Mayor or City Commission for a term of one year or until the Mayor or nominating Commissioner leaves office, whichever occurs first, except that any person appointed to fill a vacancy due to the death, resignation or removal of any member of the Trust shall serve only for the remainder of the unexpired term. No member shall serve more than eight consecutive years on the Trust. Nothing set forth herein shall prohibit any individual from being reappointed after a hiatus of two years. (c) Membership eligibility requirements. (1) Each member of the Trust shall reside, work, own real property or maintain a business in the City and shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community and have a demonstrated interest in the future of the Park and in implementing the vision of the Trust and of the Public Planning Charrette. Appointed members are expected actively participate in the functioning of the Trust. The chairperson of the Trust shall have the power to appoint all members serving on the various committees which the Trust shall establish from time to time. (2) Unless the City Commission by four -fifths vote of its membership waives the requirement that Trust members either reside in the City, own real property in the City or maintain a business in the City, any member of the Trust who ceases to be a resident of the City and/or ceases to work, own real property or maintain a business in the City during the term of his or her office shall immediately advise the City Clerk. The City Clerk shall inform the City Commission and the Trust whenever a Trust member has ceased to be in compliance with said membership eligibility requirements and the Trust member shall be automatically removed from the Trust. The City Clerk shall then inform the City Commission in writing that theP position has been declared vacant. Upon being advised by the City Clerk of such circumstances, an appointment to fill the vacancy shall be made Page 6 of 12 12003 in accordance with Subparagraph (b) hereinabove. (3) No member of the Trust shall become a candidate for elective political office during his or her term. Should any member of the Trust qualify as a candidate for elective political office, such qualification shall be deemed a tender of resignation from the Trust. (4) No employee of Miami -Dade County, Florida, or any municipality therein other than City employees, shall serve on or be appointed to the Trust. (d) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the Trust shall assume the duties of a member of the Trust, but before doing so, shall take the oath prescribed by section Al(e) and (f) of the City Charter. (e) Quorum and voting. At all properly noticed meetings of the Trust, a majority of those members appointed shall constitute a quorum for the transaction of business, and each member shall have one vote on every issue submitted to a vote of the Trust. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the Trust. The members of the Trust shall make and adopt bylaws and rules and regulations for the Trust's governance and for the operation, management and maintenance of the Park. (f) Meetings. The Trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. All meetings of the Trust shall be public, and written minutes of the proceedings thereof shall be maintained by the Trust. All actions taken at the meetings of the Trust shall be promptly and properly recorded. (g) Attendance requirements._ A member shall be automatically removed if, (a) in a given calendar year he or she is absent from three (3) consecutive meetings; or (b) he or she is absent from four (4) properly noticed meetings -within an eight -month period without an excused absence. (h) Indemnification. The Trust shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the City's insurance manager. To the extent such Page 7 of 12 12003 • coverage does not apply, the City shall indemnify the members in the same manner and to the same extent that it indemnifies all other City advisory boards. Nothing in this section shall be construed in any way to affect the laws relating to sovereign immunity. Sec. 38-233. Executive director; appointment, term, qualifications, compensation, general powers and responsibilities. There shall be an executive director who shall be appointed by the Trust subject to City Commission approval. Additionally, each successor executive director shall be similarly appointed and approved. After hiring an executive director, the Trust shall submit monthly written status reports on the Trust's operations and expenses to the City Commission. The executive director shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability, but no Trust member shall be eligible for appointment as executive director. The executive director shall receive such salary as shall be fixed by the Trust, and approved by the City Commission. The executive director shall take an oath before assuming any duties. The executive director shall act as the chief executive officer of the Trust. Subject to the policy directives of the Trust, the executive director shall have general supervision over and be responsible for the management and operation of all Trust activities, and facilities. The executive director shall execute all contracts on behalf of the Trust after approval by the Trust. The executive director shall attend all meetings of the Trust, shall furnish the Trust a quarterly report with respect to the management, operation, and maintenance of the Park, and the financial condition of the Trust, and shall from time to time have prepared and shall furnish such reports, -audits and other information relating to the Park and to the Trust as may be required by the Trust or the City. In the event that the executive director is for any reason temporarily incapable of exercising the powers and performing the duties and functions of the office, the City Commission may appoint an acting executive director to exercise such powers and to perform such functions and duties until such incapacity of the executive director ceases. 4 Page 8 of 12 12003 Sec. 38-234. Employment of assistants. Subject to the policy directives of the Trust and budget limitations, the executive director may employ such assistants as are necessary to provide for the efficient operation of the Trust. Sec. 38-235. Counsel. The City Attorney's office shall provide legal services to the Trust as may be necessary and requested by .the Trust. Sec. 38-236. Approval of budget. (a) Effective immediately, the Trust shall establish a fiscal year which coincides with that of the City of Miami. The Trust shall submit to the City Commission, in a form acceptable to the City Manager, and no later than April 1 preceding the commencement of each fiscal year, a Trust budget request pertaining to management, operation, maintenance and capital expenditures and delineating the financial responsibility of the City for certain categories including but not limited to: insurance, security, utilities, capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the Trust from submitting a supplemental budget to the Commission for approval. (b) No expenditure shall be made in any given year without approval by the City Commission of the Trust budget for that year and all expenditure shall comply with City procedures for acquisition of goods and services. (c) In' conjunction with the submission of the budget, the Trust shall submit a master plan reflecting the proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal year. The City Commission may review and deny any item contained in the master plan within thirty (30) days from the date of its submission by the Trust. (d) No provision contained in this Article shall be construed to violate the Anti -Deficiency Act, as set forth in Sections 18-500 through 18-503 of this Code. Page 9 of 12 12003 Sec. 38-237. Annual report and audit. (a) The Trust shall submit to the Mayor and City Commission an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. (b) Additionally, the City shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the Trust at any time. Sec. 38-238. Charge for rental of Park or use of Park equipment. A charge for rental of the Park or equipment use is hereby assessed on all private promoters of events or activities held at the Park. Revenues from such charge shall be used to partially defray operational costs of the Park. The charge for use of the Park or Park equipment shall be established by the Trust at fair market value and may be a separate charge or may be incorporated as part of an unapportioned Park user fee. These charges shall not be applicable for those events for which contractual relationships preexist this Ordinance which have been approved by the City Manager or his designee. Sec. 38-239. Reservation of Park use. The Park shall be reserved for community use fifty percent (50%) of the days of each fiscal year. An additional thirty (30) days each year are reserved for use by the Trust, unless the Trust has existing commitments for scheduled events on the requested day(s). The Trust shall be empowered to waive the Park rental fee during portion(s) of such 30-day period when the Park user is a bona fide nonprofit group, pursuant to Florida's General Nonprofit Corporation Act, which is exempt from federal taxation by virtue of section 501 (c) (3) of the Internal Revenue Code, as amended, as being organized and operated exclusively for cultural charitable, scientific, environmental historical, testing for public safety, literary or educational purposes, or to foster national or international amateur sports competition,_ or for the prevention of cruelty to children or animals. Page 10 of 12 • Sec. 38-240. Authorization of the Trust to allow the sale and/or dispensation of alcoholic beverages, including beer and wine, for special events, performances or programs. (a) Notwithstanding any provision in the City_ Code to the contrary, the Trust, or its executive director, on such special occasions and for such special events, performances or programs as deemed appropriate by the Trust, or its executive director,_ may permit,_ upon execution of an application/permit form and upon payment in full of the permit fee specified in City Code Section 38-70(g), the sale or dispensing of alcoholic beverages, including beer and wine, in soft containers at the Park. (b) No such permits shall be issued in connection with a hard rock, rap, heavy metal, or other musical event of the type which requires extraordinary security_ measures. (c) Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to compliance with all applicable state and local laws, rules, regulations and with any special conditions set forth on the application/permit form. Sec. 38-241. Abolition of Trust. The City Commission, by an affirmative vote of three Commissioners, may abolish the Trust, at which time the powers and duties of the Trust shall revert to the City and the City shall resume responsibility for the maintenance, operation and management of the Park." Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase or word of this -Ordinance is declared invalid, the remaining provisions of this Ordinance shall nbt be affected. Page 11 of 12 12003 Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.3/ PASSED ON FIRST READING BY TITLE ONLY this day of this , 2000. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY ATTEST: day of , 2000. WALTER J. FOEMAN CITY CLERK APPROVED AS T FORM"`""ANt CORRECTNESS:, ACJANDRCI LARELLO CIT..Y ATTORNEY W875:BSS 3/ JOE CAROLLO, MAYOR This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective -date stated herein, whichever is later. Page 12 of 12 12003 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 12003 in the XXXXX Court, was published in said newspaper in the issues of Dec 29, 2000 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matte •e post office in Miami in said Miami -Dade Cou y, Flon a, for a period of one year next preceding the first ublicat' • n of the attached copy of advertisement; and affia t furth r says that she has neither paid nor promised any •erso firm or corporation any discount, rebate, com- mis ' on refund f • the purpose of sec ring this advertise - men f •. publicati n the said newspaper. 29 / lif • rn to an • sub . before me this Decerb r/ 2000 • • Iiiiy irisp, je (SEAL) Sookie William F YSEAL ... -- persona�j� y`t,�� aLERENA NOTARY PIJDUC STATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. NE 23,2004 116, CITY OF MIAMI, FLORIDA OTICE OF PROPOSED ORDINANCES interested persons will take notice that on the 14th of December, 2000, the City Commission of Miami, Florida adopted the following titled ordinances: • - ORDINANCE NO. 12000 • AN EMERGENCY ORDINANCE OF. THE MIAMI` CITY,COM= MISSION AMENDING ORDINANCE NO. 11557,.ASAMEND- ED, ADOPTED OCTOBER 14, 1997, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATED FUNDS FOR A • . SPECIAL REVENUE FUND €NTIT.LED:- "STOP •VIOLENCE= AGAINST WOMEN," TO •INCREASE. APPROPRIATIONS, IN THE AMOUNT OF $60,092, CONSISTING OF A GRANT FROM THE FLORIDA. DEPARTMENT OF COMMUNITY AFFAIRS IN THE AMOUNT OF:$44,886 AND IN -KIND SERVICES MATCH IN.THE AMOUNT OF $15,206; AUTHORIZING THE CITY MAN-. AGER JO: (1), ACCEPT SAID GRANT AND EXECUTE THE: - NECESSARY DOCUMENTS, -IN A FORM ACCEPTABLE .T0 THE CITY ATTORNEY,. (2) EXPEND MONIES FROM THIS : FUND ,FOR NECESSARY EXPENSES TO. CONTINUE THE OPERATION OE THE P.ROGRAM; AND (3) EXECUTE, PRO-.• FESSIONAL SERVICESAGREEMENTS WITH INDIVIDUALS, • IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR -THE PROVISION OF DOMESTIC VIOLENCE SENIOR COUN- •SELOR(S)NICTIM ADVOCATE(S), IN AN ANNUAL AMOUNT NOT' TO- EXCEED $44,886 FOR. AN ADDITIONAL- ONE (1) YEAR PERIOD; FURTHER: ALLOCATING. FUNDS IN _THE ' AMOUNT OF $15,206 FROM THE DEPARTMENT.OF POLICE GENERAL OPERATING BUDGET -FOR THE REQUIRED IN- . KIND MATCHING FUNDS; _CONTAINING A REPEALER PRO- • VISIONAND SEVERABIL-ITYCLAUSE, AND PROVIDING FOR • AN EFFECTIVE DATE. • . ORDINANCE NO. 12002 AN'EMERGENCYORDINANCEOF-THE MIAMI CITY`COM- . :MISSION RELATING TO SIDEWALK AND STREET.VENDING; •AMENDING CHAPTER 39, ARTICLE II,.OF THE CODE OF THE CITY OF MIAMI; FLORIDA, A&AMENDED; BY ESTABLISHING . THE "BISCAYNE BOULEVARD SPECIAL VENDING DIS- • • iTRICT';- PROVIDING DEFINITIONS; ESTABLISHING DIS- TRICT• BOUNDARIES; PROVIDING ,FOR EXCLUSIVE VEND- , .ING-FRANCHISE OPPORTUNITIES AND LOCATIONS; PRO• - VIDING CRITERIA; PROVIDING FOR:FRANCHISE FEES; ES- ' TABLISHING PUSHCART. DESIGN CRITERIA AND REVIEW; PROVIDING OPERATING . REGULATIONS AND LIMIT/V. TIONS;- PROVIDING FOR ENFORCEMENT, REVOCATION - AND APPEALS; PROVIDING FOR HOLD HARMLESS AGREE- MENTS; INSURANCE, TAX CERTIFICATES AND COMPLI ANCE WITH APPLICABLE LOCAL. AND STATE REGULA- ---TIONS; MORE PARTICULARLY, BY AMENDING SECTION-39- 26 ,AND ADDING NEW SECTION 39-37.1 TO SAID: CODE .CONTAINING A REPEALER PROVISION AND A SEVERABILI- - •TY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. • • ORDINANCE, N� 12003 . AN ORDINANCE OF THE MIAMI CISSION AMEND- • ING, THE CODE OF THE CITY OF MIAMI, FLORIDA, AS . AMENDED, TO CREATE AND ESTABLISH THE VIRGINIA KEY BEACH PARK.TRUST (THE "TRUST"), .SET FORTH THE LE- GAL DESCRIPTION OF VIRGINIA KEY BEACH PARK; DESIG-' NATE THE TRUST'S, JURISDICTIONAL AUTHORITY, SET FORTH THE -TRUST'S PURPOSE, POWERS, AND DUTIES; • AND PROVIDE FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP ELIGIBILI- TY AND ATTENDANCE REQUIREMENTS, OATH, QUORUM - AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISH- MENT, ,AND -"SUNSET" REVIEW OF .THE TRUST EVERY • FOUR YEARS; MORE PARTICULARLY BY AMENDING SEC- TION 2-892 AND BY ADDING A NEW ARTICLE, CONSISTING OF SECTIONS 38-230 THROUGH 38-242 TO. CHAPTER 38 OF - THE CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE • DATE. ORDINANCE NO.-12004 - AEMERGENCY,ORDINANCE OF THE MIAMI CITY COM- . SSION AMENDING 'CHAPTERS 2 AND 53 OF THE -CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO RE- DUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUO- RUM TO CONVENE-AMEETING OF THE ORANGE BOWL AD- VISORY BOARD; AND MORE PARTICULARLY BY AMEND- ING SECTIONS 2-887 AND, 53-126 TO SAID CODE; AND CON- TAINING A REPEALER PROVISION ANDA SEVERABILITY CLAUSE. ORDINANCE.NO. 12006 AN ORDINANCEOF THE MIAMI CITY COMMISSION AMEND-s ING CHAPTER 37'OF THE CODE OF THE CITY OF MIAMI,'• FLORIDA, AS,, AMENDED, . ENTITLED "OFFENSES MISCELLANEOUS" TO ADD A NEW SECTION TO MAKE IT• UNLAWFUL FOR A -PERSON TO AGGRESSIVELY PANHAN- DLE; MORE -PARTICULARLY BY ADDING NEW SECTION 37- 6 TO SAID CODE; :CONTAINING'%A REPEALER PROVIS(ON. AND A SEVERABILITY CLAUSE; AND PROVIDINGTOR AN. • EFFECTIVE DATE. , . - ORDINANCE NO. 12007 - - AN ORDINANCE OF.THE MIAMI CITY COMMISSION AMEND--; ING THE FUTURE LAND USE MAP OP THE* COMPREHEN- SIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE:: - DESIGNATION OF THE PROPERTY LOCATED AT APPROXI MATELY 5932 NORTHEAST 2ND AVENUE,MIAMI, FLORIDA,.' FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECT -'DIRECT- ING TRANSMITTALS TO AFFECTED AGENCIES; CONTAIN ING . A REPEALER PROVISION AND A SEVERABILITY-' CLAUSE; AND PROVIDING FOR;AN EFFECTIVE -DATE. . ORDINANCE NO. 12008 1 AN ORDINANCE OF THE MIAMI CITY COMMISSION -AMEND- . ING' PAGE NO. 13 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF • THECITY•OF MIAMI. FLORIDA, ARTICLE 4, SECTION.401, SCHEDULE OF .DISTRICT REGULATIONS,. BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY • MEDIUM DENSITY RESIDENTIAL TO 1' RESTRICTED. COMMERCIAL FOR THE PROPERTY LOCATED.AT APPROX- IMATELY 5932 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, • CONTAINING"A REPEALER PROVISION, A SEVERABILITY' ` CLAUSE; AND PROVIDING FOR AN EFFECTIVE` DATE.. ORDINANCE NO. 12009 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING ORDINANCE NO, 11600, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI. FLORIDA: BY AMEND- ING.ARTICLE 4,:SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,- ARTICLE 9, SECTION '934, COMMUNITY BASED RESIDENTIAL FACILITIES, AND ARTICLE 25, SEC- TION 2502, SPECIFIC DEFINITIONS, TO MODIFY PROVI- SIONS RELATED TO.COMMUNITY BASED RESIDENTIAL FA- CILITIES; CONTAINING A REPEALER PROVISION AND'SEV- ERABILITY•CLAUSE; ANDPROVIDING FOR'AN EFFECTIVE DATE. • • ORDINANCE NO. 12010 - AN ORDINANCE OF.THE MIAMI CITY COMMISSION AMEND- ING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE'OF THE CITY OF MIAMI. FLORIDA, BY AMEND- ING ARTICLE 9 SECTION 916, INTERIM PARKING, TO MODI FY- PROVISIONS' RELATED TO INTERIM "PARKING; CON TAINING A REPEALER PROVISION AND SEVERABILITY ' CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ._ :- -- ORDINANCE NO. 12011 . ORDINANCE OF THE MIAMI CITY.COMMISSION AMEND- ING ORDINANCE NO. 11000,AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI. FLORIDA, BY AMEND • - ING ARTICLE 9, SECTION 910, UNITY OF TITLE, TO ALLOW ACCEPTANCE OF A COVENANT IN LIEU OF A UNITY OFTI- TLE- FOR PROPERTIES ZONED R,4 MULTI -FAMILY HIGH - DENSITY RESIDENTIAL; CONTAINING:A REPEALER PROVI- SION AND SEVERABILITY CLAUSE; AND 'PROVIDING FOR AN EFFECTIVE DATE. .` • ORDINANCE NO.'12012 AN ORDINANCE OFTHE MIAMI CITY COMMISSION,,AMEND- ="-ING CHAPTER621ARTICLE V-OF THE. CODE OF THE CITY ..) OF MIAMI; FLORIDA' AS AMENDED, ENTITLED "ZONING PLANNING/APPOINTMENT OF MEMBERS AND ALTER- NATEMEMBERS OF —THE PLANNING ADVISORY.BOARD "•AND'ZONING BOARD", TO 'AMEND PROVISIONS RELATED , 'TO COURTESY NOTICE FOR CONDOMINIUM ASSOCIA- ,TIONS;•MORE PARTICULARLY BY AMENDING SECTION 62 . 129(4) OF -SAID CODE; CONTAINING A REPEALER PROVI- . .''• SION`AND ASEVERABILITY CLAUSE;, AND, PROVIDING FOR AN EFFECTIVE DATE .Saidordinances`may.be-inspected+by.the:public at the Office of.. the City Clerk, 3500 Pan American Drive,Miami, Florida, Monday • -through Friday, excluding holidays, between the hours of 8 a.m. . „ and 5 p.m. • All•interested persons• may. appear at the meeting and .may be heard with `respect to the proposed ordinances. Should any person desire to ap- peal any decision of the City Commission with respect to any matter to be, considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made_ including all testimony and evidence upon which any appeal may be based. 00-4-64/12007_0M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE AMENDING CHAPTER 37, ETC. in the XXXXX wl ecs published in2saiid nOewspaper in the issues of Court, Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter t the post office in Miami in said Miami -Dade Co y, rida, for a period of one year next preceding the fir" pubic ation of the attached copy of advertisement; and a ant fu her says that she has neither paid nor promised a per -n, firm or corporation any discount, rebate, com- m i • sio r refund f • the purpose of securing this advertise- m= t .,rpublicatiothe id newspaper. (SEAL) Sookie WI efore me this 2000 MESA MY COMMISSION # CC 885640 EXPIRES: March 4, 2004 Bonded Thru Notary Pubic Underwriters CITY -OF MIAMI, FLORIDA - OTICE OF PROPOSED ORDINANCES- • Notice is.hereby given that the City Commission of the City of Miami, Florida, will consider the following ordinances on second and final reading •on December 14, 2000 commencing at 9:30 a.m., in the City Commission Chambers, 3500 Pan' American Drive, Miami, Florida: ' • ORDINANCE NO. - 'AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING THE CODE, OF -THE . CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE AND ESTABLISH THE VIRGINIA KEY BEACH PARIiTRUST (THE "TRUST"), -SET FOR I H I HE LE- GAL DESCRIPTION OF VIRGINIA KEY BEACH PARK; DESIG- NATE THE TRUST'S* JURISDICTIONAL AUTHORITY, SET .FORTH THE TRUSTS PURPOSE; • POWERS, AND DUTIES, AND -PROVIDE FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP ELIGIBILI- TY AND ATTENDANCE REQUIREMENTS, OATH, QUORUM AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISH-.- MENT; AND: "SUNSET" REVIEW OF THE TRUST EVERY "FOUR YEARS; MORE PARTICULARLY BY AMENDING SEC- • TION 2-892 AND•BY ADDING A NEW ARTICLE, CONSISTING OF SECTIONS 38-230 THROUGH 38-241 TO CHAPTER 38 OF THE CODE; CONTAINING A REPEALER PROVISION' AND A • SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE _ DATE. • .• ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION. AMEND- ING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, " AS AMENDED, ENTITLED "OFFENSES - MISCELLANEOUS TO. ADD A NEW SECTION TO MAKE IT • UNLAWFUL FOR PERSON TO AGGRESSIVELY PANHAN- DLE; MORE PARTICULARLY BY ADDING NEW SECTION 37- 6 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE: Said proposed'ordinances may be inspectedby the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Flori- - da; Monday through Friday, excluding holidays, between the hours of 8 a.m.-and 5 p.m. • All interested persons may appear at the, meeting and may be heard with respect to the proposed ordinances. Should any person desire to ap- peal any decision of the City Commission with respect -to any matter to be considered at -this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony. and evidence upon which any appealmay be based. (#9370) 12/4 WALTER J. FOEMAN CITY CLERK 00-4-36/113032M